TERMS AND CONDITIONS
These are the Terms and Conditions that govern your access and use of our website (www.decoflora.com.au) and related services including the ordering and delivery of items from our ‘Website’.
This Website and all content on the Website is hosted by Wix and operated and owned by Decoflora ABN 79 692 597 527 (‘Decoflora’, ‘we’, ‘us’ or ‘our’).
These Terms & Conditions are in conjunction with any other policies we provide (collectively referred to as ‘Terms’). By accessing or using our Website, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you have the right and legal capacity to enter into a legally binding agreement and to abide by these Terms.
AMENDMENTS
Decoflora reserves the right to make changes to the Website and Terms at any time and without notice. Any such changes will only apply to orders after the date on the changes have been made. Use of the Website following any change to these Terms will be deemed acceptance of those changes.
TERMS OF USE
You may only use the Website and the content on the Website for personal purposes unless Decoflora provides express written consent for your proposed use.
PRODUCT AVAILABILITY
All plants are subject to availability, (and we cannot guarantee that items will be in stock). We reserve the right to discontinue any plant at any time for any reason. Prices for all plants are subject to change and are current at the time of purchase on the website. No price change refund is available if pricing online changes.
If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time. Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. Alternatively, we may contact you to advise you of a delay in restocking a particular product and delivery of your order and you may agree to proceed with your order on the basis of a delayed delivery date (or an alternative product).
PRICING
You will be charged in full at the time of ordering a product from us by eway or paypal payment gateway providers.
Whilst we try and ensure that all details and prices that appear on this Website are accurate, errors may occur sometimes. If an error is discovered in the price or payment of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If the order is cancelled and you have paid for the goods you will receive a refund.
All prices are in Australian Dollars (AUD) and are inclusive of GST. Delivery costs may or may not be charged these are clearly displayed when ordering. Prices are subject to change without notice.
SHIPPING, DELIVERY AND RETURNS
While we take every care to protect the plants during the shipping process, Decoflora will not be liable to you for minor imperfections caused to the plants during the shipping process. We will not provide you with a refund or replacement plant because of any minor imperfections or damage caused by the shipping process. Decoflora reserves the right to determine whether a product is acceptably healthy or if it has been damaged during the shipping process. Each product is checked thoroughly before being shipped. Decoflora will not be held liable for any pest infestations once the product has left the nursery.
RETURNS
If plants arrive within a week from the date of postage in a condition deemed poorer than that expected from transit, buyers may be entitled to a refund, or, where possible, a like for like replacement. Cost of returning plants via express post is the responsibility of the buyer, and must be done within 2 business days of receipt.
The buyer is to contact Decoflora with a photo of the item upon receiving it in the mail.
As we are unable to control the environment in which our buyers grow their plants, we cannot take responsibility for plants once they are received. *The term plants is taken to include seeds, seedlings and any other plant product.
PRODUCT SAFETY
Decoflora will not be held liable for the presence of any fertiliser that remains on the product when it is shipped to you. Care should be taken when handling the product. No part of any Decoflora product is edible. Decoflora will not be held liable to you or to any other person for injury or damage sustained by the misuse of any part of Decoflora’s product.
CUSTOMER SERVICE
We will endeavour to respond to all emails within 48 hours. We can be contacted at plants@decoflora.com.au or via social media links or sales channels found through our website.
OTHER ACTIVITIES AND THIRD PARTY WEBSITES
Decoflora may promote or advertise offers, events, items, services or other activities that may be conducted offline or which may be conducted by third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
INTELLECTUAL PROPERTY
All copyright, text, images, data, trademarks, software, logos, catalogues, photographs, and other intellectual property (“the Content”) on the Website is owned, controlled by, or licensed to Decoflora. You must not copy, use, modify, reproduce or distribute the Content without Decoflora’s prior written consent. You must not use any of the marks or trademarks appearing on this Website or Decoflora’s name without our prior written consent.
LIABILITY
Harmful Technologies
To the maximum extent permitted by the law, Decoflora will not be liable to you or to any other person for any loss or damage (whether economic, indirect, direct, consequential or otherwise) however caused and whether in contract, tort or otherwise, which may result directly or indirectly from any such information, by a distributed denial-of-service attack or by any malicious programs or technologies that may affect our Website, system failures or any other harmful material that may infect your computer, programs, data, device, or other material; you agree to release us from any such liability.
Website Accuracy
While we aim to update our Website regularly, Decoflora can not guarantee the accuracy, completeness, currency or reliability of the information contained on the Website. We reserve the right to restrict access to parts of our Website or the entire Website, change or withdraw any information, items, or content featured on this website without any notice.
To the maximum extent permitted by law, Decoflora excludes all liability (including for negligence) to you or anyone else in respect of any loss or damage (including indirect or consequential loss or damage) arising from or in connection with any, use of the information on or access through our Website.
Consumer Law
Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, Decoflora’s liability for breach of such term or consumer guarantee is limited, at our option, to:
the payment of the cost of replacing the goods; or
the replacement of the goods or the supply of equivalent goods to your satisfaction
To the extent Decoflora’s liability cannot be excluded, Decoflora’s liability to you will be limited where permissible at law. These Terms do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted or modified.
GENERAL
You agree to release and indemnify and hold Decoflora and (as applicable) its agents and employees, harmless from and against any demands, claims, losses, proceedings and damages (special, actual and consequential) of all kinds, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your use or your access of the Website, or arising out of your breach of these Terms or a party acting on your behalf or, or your violation of any law or the rights of a third party.
Decoflora will not be liable to you for any loss, damage or expense caused by Decoflora’s failure to supply any product or perform any obligation under these Terms as a result of any matter beyond the control of Decoflora. Any failure by Decoflora at any time to enforce these Terms will not be a waiver of such rights, or affect the validity of the Terms. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia. If any provision of these Terms becomes void, it will be severed from this agreement without affecting the enforceability of the other provisions which will continue to have full effect.
SMS MARKETING: We do not engage in any form of marketing with your phone number it is only for tracking purposes. Your right to privacy is important to us.
PRIVACY POLICY
Your Privacy
At Decoflora we are committed to protecting your privacy as an online visitor to our website. Decoflora respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our separate Privacy Policy below carefully.
All information Decoflora receives from its customers is protected by our secure server. Furthermore, all of the customer data Decoflora collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Storage and Security of your Information
We receive and store information you enter on our website or give us in any other way. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback.
We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you.
Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased. We will use reasonable means to protect the confidentiality of your Personal Data while in our possession or control.
Third-party service providers to serve ads on our behalf across the Internet and sometimes on this website. They may use information about your visits to this and other websites to target advertisements for goods and services in order to provide more relevant advertisements about goods and services of interest. They may also collect anonymous information about your visits to our website (not including your name, address, email address or telephone number), and your interaction with our products and services.
Disclosure of your Information
We may have to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, court order, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
Third Parties
Decoflora does not and will not ever sell personal or customer information. We will never disclose your personal details to a third party except the necessary information to the postage service provided.
Security
Decoflora strives to ensure the security, integrity and privacy of personal information submitted.
Email Communication
Decoflora may also provide you with information and updates regarding our website and changes to the law. Decoflora may also make you aware of their new and additional products and services.This service is free and you can unsubscribe at any time.
Change in Privacy Policy
As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time and it will be effective immediately upon the modifications updating on the Website.
